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2020 Supreme(Mad) 2445

R.SUBRAMANIAN
Arunachala Mudaliar Charities, Kanchipuram rep. By its Hereditary Managing Trustee Mr. V. Kuppusamy – Appellant
Versus
Subburaya Mudaliar High School, Kanchipuram rep. By the Caretaker, The District Educational Officer, Kanchipuram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.P.Elayarajkumar for M/s.Ramalingam and Associates
For the Respondents:Mr.S.T.S.Murthy, Mr.N.Manikandan, Govt. Advocate

JUDGMENT :

The plaintiff, whose suit for ejectment was dismissed by the Trial Court upon its confirmation by the lower Appellate Court has come up with this second appeal.

2. According to the plaintiff, the suit property measuring about 1 acre 30 cents with a Vasantha Mandapam belonged to it and the same was dedicated to the plaintiff trust by the founder Late Arunachala Mudaliar by virtue of a Will dated 01.05.1896. A scheme was framed for administration of the plaintiff trust on 08.02.1973 in O.S.No. 24 of 1963 on the file of the Sub-Court, Chengulpet. While declaring the suit property as the property of the Trust, there was a direction for leasing out the property to the defendant school. The said proposal to lease was sanctioned by the scheme Court in I.A.No. 392 of 1972. The scheme Court fixed the monthly rent at Rs.30/- and the lease was for a period of 10 years from 01.11.1973.

3. Pursuant to the said order, a lease deed came to be executed fixing the monthly rent at Rs.25/- for the period from 19.02.1974 to 18.02.1984. The plaintiff also claimed that the previous Trustees had acted to the deteriment of the Trust by entering into a lease deed for a rent lower than what was fixe

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